ARVINDBHAI GODARBHAI DABHI Vs. SANTABEN ARVINDBHAI DABHAI

JUDGEMENT

(1.) IN this revision application filed by the alleged husband against the order of the learned Judicial Magistrate, Rajkot, the first ingredient of such proceedings to be established by the claimant wife is that she is the lawfully wedded wife of the other person. This is essentially a question of fact. Before the learned Magistrate the original applicant examined herself and also produced the evidence Exh. 7 and 8 and the registration of the marriage, Exh 9. The alleged priest at whose house this so -called ceremony was performed had come to be examined, but he did not support the alleged wife. On appreciation of the evidence the learned Magistrate ultimately concludes as follows : "..So, there does not appear to have been conducted any marriage ceremony : still by garlanding each other and by getting the marriage registered as per Exh. 9 it can be believed that there is a marriage between the parties."

(2.) THE Magistrate then proceeds to tell that such a system is prevailing amongst the Hindus and that is known as Gandharva Vivah. This finding, to say the least, is perverse. On this short ground this Court cannot allow the order of maintenance to stand. The criminal revision application No. 386/83 stands allowed by making the rule absolute. However, if the original applicant wants to establish her status as a wife, there is nothing to prevent her from getting a proper declaratory decree from the Civil Court under the Hindu Marriage Act where this question of the status can be thoroughly thrashed out and re -examined and re -determined. The judgment of the Criminal Court would obviously be no bar to reexamination of this question by a competent civil forum.

(3.) MR . B. F. Amin, on instruction from his client volunteered that if the applicant of the section 125 proceedings is so willing, his client is willing to pay Rs 7,000 if she is ready to forego this dispute in the alleged marital status. This offer voluntarily made by Mr. Amin, at his instance, is put on record. Rs. 100 credited by the alleged husband are permitted to be withdrawn by the original applicant. Revision allowed.